Guidance

Information pack for British nationals arrested or detained in Burkina Faso

Updated 20 September 2024

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Burkina Faso and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas. There is no British Embassy in Burkina Faso. Consular assistance is provided by the British High Commission in Accra, Ghana, with assistance from our Honorary Consul in Ouagadougou.

The British High Commission in Ghana has details below:

British High Commission, Accra

Julius Nyerere Link

P.O. Box 296

Accra, Ghana

Tel: +233 302 213 200 option 2

Email Address: [email protected]

Website: www.gov.uk/world/organisations/british-high-commission-accra

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Burkina Faso, notification by the authorities to the consulate normally takes place within 24 hours of arrest.

Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we can’t do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Burkina Faso.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families:

Chapter 2: Detention conditions in Burkina Faso

Visits: friends and family

Who can visit and how to arrange visits ?

You should consult FCDO travel advice before you travel to Burkina Faso for the latest information on safety and security, entry requirements and travel warnings.

Prisoners can only receive visitors during weekends and holidays from 9am to 5pm. The visits are monitored by prison personnel who avoid the disclosure of information and the transfer of any items. A visit may not exceed 15 minutes. Once a permit is granted, the number of visits is not limited.

What to expect when you visit ?

Visitors queue up following the order of arrival and are allowed a specific timeframe per visit. They will be searched and phones and other electronic devices will be taken from them. Phones and IDs are held by the prison and returned at the end of each visit. A meeting room will be provided for foreigners who visit prisoners with a prison officer present.

What you can take on your visit

Visitors may bring food, clothing, toiletries, hygiene products, sleeping items, newspapers, books (as long as they do not include prohibited content), tobacco, etc. Visitors may not bring items directly to the prisoner, they must give all items to the Prison Administration to check and then deliver them to the prisoner in the visitors’ presence.

Visits: consular staff

We aim to visit you every quarter while you are under trial, subject to safety for our staff, though we may visit more often if we consider you vulnerable. If you are convicted, we will visit less often but will make an assessment of your vulnerability before deciding how often this will be.

If you have any health or welfare concerns, please discuss these with your Prison Welfare Officer in the first instance or you can write to or phone the consular section if there are issues you would like us to raise with the prison authorities. You can also raise issues with your lawyer, who can contact us if necessary.

You can write to us at any time on matters of concern (British High Commission, Accra, P.O. Box 296, Osu-Accra) – but if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

Trips outside of prison are not allowed in any circumstances. In the case of medical emergencies, hospital visits will be arranged by the prison.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

You will first be taken to a police station where you will be told the reason for your arrest. You should be informed immediately, in a language you understand, of the reasons of your arrest and of your right to a lawyer. If you do not understand the local language in which the process is conducted, you may be provided with an interpreter which comes at no cost. You may be held in police custody up to 72 hours depending on the decision of the prosecutor or the investigating judge. The police officers must establish a written record.

After you are told what you’re accused of, you have the right to:

• be examined by a physician
• contact and receive a member of your family or a loved one
• be assisted by a lawyer. However, legal assistance is provided at your expense

Court hearings will be arranged to determine whether or not you are guilty. If found guilty, you will be sentenced to a term in prison.

Remember that you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to your lawyer

Appearing at court

At the end of the police detention, you will be brought before the Prosecutor or Investigating Judge depending on the case.

The Prosecutor will question you about your identity and the facts against you. If there is a flagrant misdemeanor, the prosecutor determines whether or not to prosecute. If he decides not to prosecute, you will be released and the case will be closed. If he decides to prosecute, he has two options:

• to issue a pre-trial detention warrant and bring you before the correctional court within 15 days. In this case, the first hearing is before the trial judge
• refer the case to an investigating judge for further investigation. In this case, your first appearance is before an investigating judge (IJ). The IJ will read the charges that have been retained against you and decide whether or not to subject you to judicial examination. The IJ will inform you of your right to legal representation as well as your right to remain silent. The IJ will decide whether to place you under pre-trial detention or judicial control during his investigation after receiving the prosecutor’s submissions and hearing your statement and/or that of your lawyer

You must be brought to court on every adjourned date. Prosecution must prove its case beyond reasonable doubt.

More information about the Burkinabe judicial system can be found in Chapter 3.

Initial arrival at the prison

When you first arrive at the prison you will be searched thoroughly and your personal details will be recorded. Personal belongings will also be kept at the prison by the officers until your term is over when they will be returned to you. Afterwards, you will be allocated to a cell.

Prison: conditions and daily life

Prison conditions in Burkina Faso are considerably poorer than conditions in UK prisons. There may be problems such as overcrowding, lack of adequate meals, clean drinking water and electricity, and poor sanitation.

You should avoid breaking prison rules.

Accommodation

Sentenced prisoners and those on remand are held separately. There are no single prison cells, all cells are shared. However male and female cells are separated. Some prisoners might be put into a segregated “protection” area of the prison. This could be because their alleged offence might otherwise put their safety at risk or because they are violent.

Cells have bunk beds with mattresses. Dormitories have windows which provide natural light into the rooms.

Food and diet

You will be provided with a small amount of food - this is unlikely to provide the type of balanced and nutritious diet available in the UK. You will need to supplement the basic food provision yourself by purchasing food in prison or arranging for food supplies to be sent to you by family or friends resident in Burkina Faso. Inmates are usually fed twice a day by the state and have access to tap water or mechanised bore-hole water as their source of drinking water.

Hygiene

There is no restriction on the number of times a week a prisoner can shower; you can shower as often as you like. Toiletries can be bought at the prison site.

Work and study

There are limited opportunities to study while in prison. However, French and local language classes take place in some prisons. A prisoner may also take some exams outside the prison if authorised, accompanied by two Prison Officers.

It may also be possible to obtain day parole once half of the sentence has been completed, i.e. prisoners may work outside the prison during the day and return to the prison at the end of the day. The prison is entitled to hold part of your salary (in principle 30.000 CFA). Some prisons also offer work in carpentry, tailoring, gardening, etc.

Contact and languages

Detainees have no access to phones, but can make calls using phones provided by the prison as often as possible, provided they can afford it. There is no internet access.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

There are no rules providing for time to be spent outdoors/exercising. Prisoners are permitted to move around the prison grounds. Some prisons have a football pitch/athletic tracks.

Climate

The climate is hot and humid year-round. Heavy downpours are common in both rainy seasons (from April to July and in October).

Religion

Prisoners are able to practise their faith in prison. The Prison Service in Burkina Faso recognises and respects the right of prisoners to register and practise their faith while in custody, as much as it can be done within the confines of the prison.

Rules and regulations (including drugs)

Prison rules and regulations are made clear to prisoners on arrival at the prison. There are different forms of punishments for different offences. For minimal punishments, prisoners can either be denied visitors or sent to another cell. For maximum punishments, they can either be sent into isolation or tried by the regional commander.

In the case of assault and possession of drugs, prisoners will be charged and sent to court. Drugs are prohibited inside Burkina Faso’s prisons. This is the reason why the prison guards check every parcel, mail, food or any equipment before allowing the person in custody to have access to it.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The Foreign Commonwealth & Development Office (FCDO) operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and Dental treatment

While you are detained, Burkina Faso is responsible for ensuring your basic medical needs are met.

If you need medical or dental treatment, you should make an appointment to see the prison nurse. The nurse can provide routine treatment. If you require or request a medical examination, you will be taken to public physicians (usually police physicians). You may also be taken to private clinics or physicians at your own expense and at the discretion of the prosecutor. If he deems it necessary, even at the request of a family member, the prosecutor can appoint a physician to examine you at any time during your detention. You have the right to request for the medical examination after 72 hours. For more serious complaints you may obtain a judicial authorisation allowing you to get the necessary care outside the prison. 2 prison officers will accompany you. In instances where medical bills cannot be met by the Prison Service, assistance should be sought from either family or religious group.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from the UK for the information of the prison service. The FCDO can assist in facilitating this, with your permission.

If you have concerns about your health or the medical treatment you are able to receive, you should raise these with consular staff and your lawyer.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

You must let the police know whether you take any prescription or regular medications. You would be permitted to take your medication as needed in this case.

Letters and parcels

You cannot receive and send mail directly. All mail and parcels must first go through the prison administration except for letters sent to a magistrate or lawyer. The prison administration must be able to understand the content of the mail, so if letters are written in English, they must be translated in French. Letters must not contain symbols, drawings or codes.

Tell your family and friends to always include your full name and prison number in the address. It is also a good idea to number all letters in sequence so you can keep track of anything that goes missing.

We regret that we cannot accept mail for onward delivery. Any received will be returned to the sender.

You may receive parcels and your family may send you the following items:

• underpants (new, in their package, any colour)
• singlets (any colour)
• photographs
• regional or overseas newspapers
• wireless radio (battery powered – prisoners can send batteries or purchase some on site)
• books or magazines (these will be censored to meet Prison Service

If you are not sure what other items are allowed, check with your Welfare Officer before asking for it to be sent. If not, you may find that you are not allowed to receive some or all of the contents of the parcel containing a prohibited item.

Telephone calls

The use of a personal telephone is strictly forbidden. However, the Welfare Officer may be able to assist you if you need to contact the High Commission, your lawyer or family.

Making a complaint about mistreatment

If you have been mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

If you feel you are being mistreated by other inmates, you may raise your complaint with the Prison Officers who are also Judicial Police Officers. And if you feel you are being mistreated by the Prison Officers then you should address your complaint to the Judicial Authority that decided your sentence. You should also inform the consular section and your lawyer.

Chapter 3: The Burkinabe judicial system

Overview

The Burkinabe judicial system is based on the French system. It is a civil law system while the British one is a common law system. Burkina Faso has ratified most human rights treaties however it sometimes does not comply with its obligations under the rule of law. The judicial system lacks in personnel and resources and therefore struggles to provide justice within a reasonable timeframe, often leading to delays. You are likely to find that processes take longer and move more slowly than they would in the UK.

Regarding the implementation of international law in its legal system, Burkina Faso applies the concept of monism which means that both national and international legal rules that a state has accepted may apply directly. International conventions take precedence over national laws but not over the Constitution.

Remember that you should never sign anything you cannot read. If you find yourself under pressure to sign, ask to speak to your lawyer.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested ?

If you are arrested, you should be informed immediately, in a language you understand, of the reasons of your arrest and of your right to a lawyer. There is no provision of pro- bono legal assistance. If you do not speak French an interpreter may need to be arranged. This service would come at a cost. You may be held in police custody up to 72 hours depending on the decision of the prosecutor or the investigating judge. The police officers must establish a written record.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. See a list of local English-speaking lawyers.

How long you can be remanded in custody ?

You can only be remanded in custody whilst the authorities conduct their investigation. You will be presented to court periodically, and the prosecutor has to satisfy the court that your continued detention is justified. The police custody may be extended over 72 hours upon the decision of the prosecutor or investigating judge. You however have the right to seek bail at any stage of your remand/detention. You may be remanded in custody during the investigation and until your case goes to trial.

After you are charged

You will be referred to the competent court that will decide on the merits of the charges based on the national legislation and the Universal Declaration of Human Rights (UDHR).

Bail

Normally you will appear before a magistrate on the next working day after your arrest. They will determine a) whether you have been legally detained, and, if they are satisfied on that point; b) whether you should be released on bail, or held on remand, until your next court hearing.

In assessing whether to permit bail, the judicial authorities are entitled to consider a person’s links to the country and how likely it is that they will flee. This means that foreign nationals are less likely to receive bail. You may be asked to submit your passport to the courts as part of your bail conditions. British passports are property of His Majesty’s Government. If you want us to, we can formally request the return of your passport; however this may have implications on your bail status. We cannot issue you a new travel document if your passport is held as a condition of bail without first asking for that passport to be returned.

If the charges against you are dropped because of insufficient evidence, you will be released and deported. The cost of which should be borne by the Government of Burkina Faso.

In the (unlikely) event that you are allowed to leave Burkina Faso on condition that you return for your court case, please note that failure to comply could lead to your being placed on an immigration blacklist and/or being extradited from the UK to stand trial.

If you are given bail, you will need to find sufficient funds to support yourself. Depending on your visa status, the local authorities may not be able to provide support. We cannot provide funding or find you a job.

You will likely wish to engage a lawyer; they may ask for an advance of their estimated legal fees before they will take on a case.

Consular staff cannot give legal advice, pay your legal expenses or guarantee to a lawyer that you will pay them. We can provide you with a list of local lawyers.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see our list of local English-speaking lawyers.

Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

The defendant has a right to legal assistance and advice, but must present himself to the judge. If not, the case cannot be judged. When the charges concern a crime for which the defendant can be sentenced to 5 years in prison, he/she has a right to a court-appointed lawyer paid by the State.

Trial

The defendant is brought to court. Their personal details and the charges are presented. If the person is not ready for trial, the case is adjourned to a later date.

The Prosecutor must prove that the defendant is guilty beyond reasonable doubt.

Sentences

Sentences will be decided by the court, but examples of possible sentences are:

• second degree felony (11 days to 15 years imprisonment)
• first degree felony, which comes in three categories:

1. imprisonment of 5 to 20 years
2. life imprisonment (more than 20 years)
3. death penalty (however, no execution has been carried out since the 1970s)

Appeals

Appeals must be made within 15 days after the judgment. You may appeal either at the Office of the Clerk of the Court which passed the sentence, or by writing a letter to the clerk of the prison if you’re in prison.

There is no court of appeal for crimes. The highest court may not review a criminal case on its merits but only regarding the legal and procedural aspects.

Reaching the end of your sentence

Reduction of sentence (remission) e.g. for good behaviour

A reduction of sentence is subjected to a presidential pardon. Once there is a final judgement, a request including an investigation report from the prison administration may be submitted to the Minister of Justice. The Minister of Justice refers the file and his/her opinion to the President, only 3 requests are allowed.

Early release

A commission for sentences enforcement headed by a magistrate is in charge of early release. If you’re a first-time offender, you must have served one third of your sentence. If you are a reoffender, you must have served two thirds of your sentence. There are 3 options for early release:

• parole
• day parole to work
• placement outside e.g. work in a public administration

Clemency or pardon

There are two possibilities for clemency or pardon:

• Presidential pardon
• a law of amnesty voted by the National Assembly

Financial penalties

Depending on the offence, fines are part of the sentencing system. There are 2 types of financial penalties in criminal law:

• fines to be paid to the State
• damages for the victim

If the person sentenced to a financial penalty does not pay, he/she will face imprisonment.

Transfer to another prison within Burkina Faso

The prison authorities can impose transfers between prisons in Burkina Faso for disciplinary or other reasons such as overcrowding. It is possible to request a transfer a prisoner to another prison within Burkina Faso by request from the prisoner.

Transfer to a prison in the UK

There is no prisoner transfer agreement between Burkina Faso and the UK.

Release and deportation

A sentence may include deportation of a British National to the UK from Burkina Faso. The person may be deported for a period from 5 to 10 years or permanently denied the right to entry.

If the decision includes deportation, the convicted person will be brought to the airport to leave the territory. He/she must pay for the plane ticket. If he/she does not leave, he/she will be arrested and convicted.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Additional Information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road

London N4 3JH

UK

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-Speaking Lawyers

Prisoners Abroad Forms